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Home My WebLink AboutLogging with No Buffer - GRD Letters / Memos - 5/7/2004 MASON COUNTY Shelton (360) 427-9670 DEPARTMENT OF COMMUNITY DEVELOPMENT Belfair (360) 275-4467 Planning Elma (360) 482-5269 Mason County Bldg.1411 N.5th P.O.Box 279 Shelton,WA 98584 NOTICE OF HEARING YOU ARE REQUIRED TO BE PRESENT MAY 19, 2004 AT 1:00 PM MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS 411 N. 5" SHELTON, WA 98584 May 7, 2004 Ronald and Mary Devore, et al Mark and Riki Camacho 381 E. Dartmoor Dr. Shelton, WA 98584-7579 Ronald and Mary Devore, et al 1319 E. 66" St. Tacoma, WA 98404 NOTICE OF CIVIL VIOLATION Tax Parcel Number 32127-53-00135 Mr. and Mrs. Devore: This letter serves as a Notice of Civil Violation in accordance with section 15.13.035 of the Mason County Development Code. Mason County may recommend a fine of up to one thousand dollars ($1000.00) oer violation based upon the violations listed below. You are in violation of Mason County Resource Ordinance Mason County Code Title 17 You are in violation of Mason County Development Code Mason County Code Title 15 Copies of the referenced regulations are enclosed in this mailing,and additional copies are available from the Mason County Planning Department. Citations are to text"as adopted." Mason County alleges as follows: COUNT(1) On or about July 2, 2003, clearing and vegetation removal occurred in a Fish and Wildlife Habitat Conservation Area buffer on parcel number 32127-53-00135, directly adjacent to Cranberry Creek. Cranberry Creek is a Fish and Wildlife Habitat Conservation Area, as defined by Mason County Resource Ordinance section 17.01.110(B). An associated regulated buffer extends upland from the Ordinary High Water Mark of Cranberry Creek. The regulated buffer extends 150' upland from the Ordinary High Water Mark(channel bank). The nonpermitted vegetation removal occurred on a parcel owned, used, controlled, maintained, or possessed by Ronald and Mary Devore, in violation of Mason County Development Code section 15.13.020,to wit: Native vegetation was completely removed as evidenced by photos taken July 2, 2003. Removal of native vegetation occurred within the regulated buffer extending upland from the Ordinary High Water Mark. Removal of the native vegetation, absent permit r approval, on parcel number 32127-53-00135, constitutes a violation o rL N:asou County Resource Ordinance section 17.01.110(G). Section 17.01.110(G)(1)(b)provides that the destruction or alteration of FWHCA's or their buffers through clearing or vegetation removal requires prior Mason Environmental Permit approval. The violation of section 17.01.110(G)was observed by Planning Department staff Kristin French on July 2, 2003. COUNT (2) On or about April 5, 2004, clearing and vegetation removal occurred in a Fish and Wildlife Habitat Conservation Area buffer on parcel number 32127-53-00135, directly adjacent to Cranberry Creek. Cranberry Creek is a Fish and Wildlife Habitat Conservation Area, as defined by Mason County Resource Ordinance section 17.01.110(B). An associated regulated buffer extends upland from the Ordinary High Water Mark of Cranberry Creek. The regulated buffer extends 150' upland from the Ordinary High Water Mark(channel bank). The nonpermitted vegetation removal occurred on a parcel owned, used, controlled, maintained, or possessed by Ronald and Mary Devore, in violation of Mason County Development Code section 15.13.020, to wit: Native vegetation was completely removed as evidenced by photos taken July 2, 2003. Removal of native vegetation occurred within the regulated buffer extending upland from the Ordinary High Water Mark. Removal of the native vegetation, absent permit approval, on parcei number 32127-53-00135, constitutes a violation of Mason County Resource Ordinance section 17.01.110(G). Section 17.01.110(G)(1)(b)provides that the destruction or alteration of FWHCA's or their buffers through clearing or vegetation removal requires prior Mason Environmental Permit approval. The violation of section 17.01.110(G) was observed by Planning Department staff Kristin French on April 5, 2004. (1) This Notice is directed to Ronald and Mary Devore at the mailing address noted above. (2) The violation is located on tax parcel number 32127-53-00135 in Mason County, Washington. The violation of County regulations cited as COUNTS 1 and 2 above is the result of destruction and alteration of a regulated buffer area through unpermitted clearing and vegetation removal. (3) This Notice is effective immediately upon posting at the site and/or receipt by the person(s) to whom it is directed. (4) Any non-compliance with Mason County Code Title 17(Mason County Resource Ordinance) and any other applicable regulations must immediately cease. (5) This Notice serves as a"Stop Work" Order until the violation is corrected and/or remediated as specified under number(6). (6)You must immediately comply with the following requirements: m Submit a Restoration Plan, Restoration Bond, and $360 Plan Review and Monitoring Fee. If you wish to have the hearing canceled,you must submit the$360 Fee by April 16, 2004 and demonstrate that you have contracted with a qualified professional to have the Restoration Plan prepared(submit contract document copy). The complete Plan and Bond then must be received by May 3, 2004, or the hearing will be re-set to May 19, 2004. (7) Failure to comply with the requirements listed above may result in further enforcement actions, including civil fines and criminal penalties. The County is authorized to recommend a$1,000 fine for each violation. Each separate day, event, action or occurrence shall constitute a separate violation. In this case,the County will recommend a $2,000 fine with compliance conditions if this matter proceeds to a hearing. In addition,you may be found responsible for costs incurred by the County if this matter proceeds to a hearing. (8) HEARING DATE: Per section 15.13.045 of the Mason County Development Code, you are scheduled to appear before the Hearing Examiner as noted below. The hearing will be canceled if the applicable Review Authority determines that the required corrective action has been completed or is on schedule for completion as set by the Review Authority. Required corrective action is detailed in number six, above. YOU ARE REQUIRED TO BE PRESENT APRIL 21,2004 AT 1:00 PM MASON COUNTY BUILDING ONE, COMMISSIONERS' CHAMBERS 411 N. 5TH SHELTON,WA 98584 Signed Dated rn 7, oZ Ov 7 Title/Authority i .rt xr E �1 L, 9 / {, J R $ 1295900 570 East Dartmoor Drive w 3 bedroom, 2 bath home with major updates. New kitchen and baths, appliances, carpet, & Pergo Flooring. Two-story building with bedroom, bath and hobby room downstairs, 24 x 28 game room upstairs. New double garage. Near acre of land with 320 (±) feet of riverfront. All Lake Limerick amenities. M LS #23033808 For more information please call Scott Barnard 360-426-2646 (office) or 360-490-0155 (cell) I I MAIL / �\ MAs ill I1III1I1 ors js AR' s P.O.Box 2' ark; S' LTO,� HEL70P( �! Shelton,W AWE U ,s 9858 Mo n ` AMOUNT 9269 �. � 71 7003 0500 0000 9483 56 9890 $qJ203 ID y 9k yo �h I ECEIVED MCCD - PLANNING '964804-i-� y� I F 1 COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Signature ❑Agent item 4 if Restricted Delivery is desired. X ❑ Addressee ■ Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article -Addressed to: If YES,enter delivery address below: ❑ No j 3. Service Type '19(Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 321z-? - 5-3 vo t 3S 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Ai 7003 0500 0000 9483 5671 R - 102595-02-M-1540 PS Form 3811,August 2001 Domestic Return Receipt